SUBHAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dt. 20.11.2004 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Churu in Special Sessions Case No. 51/2003 recording conviction of accused -appellant for the offences punishable under Secs. 323, 376(1) I.P.C. read with Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 and awarding sentence as under:

(2.) ON basis of the information aforesaid a case was lodged (being FIR No. 245/2003) for the offences punishable under Secs. 376, 323 I.P.C. and Section 3(xii) of SC/ST (Prevention of Atrocities) Act, 1989.

(3.) THE prosecution supported its case with the aid of eleven witnesses (PW -1 to PW -11) and by exhibiting several documents (Exhibit -P/1 to Exhibit -P/25). An opportunity was given to the accused to explain the adverse circumstances appearing in prosecution evidence, wherein he termed the evidence adduced as false and concocted. In defence document (Exhibit -D/1) i.e. statement given by injured Bhagwana Ram during the course of investigation as per Section 161 Cr.P.C., was exhibited.